[Amended 9-6-1993 by L.L. No. 4-1993; 7-16-1996 by L.L. No. 4-1996; 9-30-2010 by L.L. No. 4-2010; 3-15-2011 by L.L. No. 5-2011; 3-20-2018 by L.L. No. 3-2018]
A. 
Through site plan review, it is the intent to promote the health, safety and general welfare of the Village, its residents and property owners. A clean, wholesome, attractive environment is declared to be of importance to the health and safety of the inhabitants of the Village, and in addition such an environment is deemed essential to the maintenance and continued development of the economy of the Village and the general welfare of its inhabitants.
B. 
It is further the intent to ensure the optimum overall conservation, protection, preservation, development and use of the natural and man-related resources of the Village by regulating land use activities within the Village through review and approval of site plans.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Planning Board of the Village of Penn Yan is hereby authorized to review and approve or disapprove site plans for land uses within the Village as hereinafter designated pursuant to and in accordance with the standards and procedures set forth in this chapter.
[Added 5-20-2025 by L.L. No. 3-2025]
A. 
In addition to the site plan application fee established by the Board of Trustees, costs projected to be incurred by the Planning Board for consultation fees with respect to engineering, legal, architectural, surveying or other like expenses related to the site plan review shall be the sole responsibility of the applicant.
B. 
Upon receipt of a site plan and/or special use permit application, the applicant and the applicant's representative, if any, shall receive a written notice of this responsibility. The determination of the need for retaining such consultants/experts shall be in the sole discretion of the Planning Board and consultants/experts shall be chosen solely by the Planning Board.
C. 
The Planning Board shall notify the applicant as soon as is reasonably possible of the need for such consultants/experts. Such notification shall be in writing directed to the applicant and the applicant's representative, if any. In the event that such a determination is made during a meeting at which the applicant and/or the applicant's representative is present, such determination shall be made known verbally and placed in the record of the meeting, followed up with the written notification specified above.
D. 
The applicant shall be advised of an estimate of the costs of such consultant(s)/expert(s). Reasonable efforts shall be made to advise applicant of the estimated costs for such consultant(s)/expert(s). Any changes in the costs for consultants/experts shall be made known to applicant and/or applicant's representative as soon as is reasonably possible. Any change in cost shall not relieve applicant or responsibility for payment.
E. 
In any event, payment of any such costs incurred by the Village for consultants/experts for the site plan review shall be paid to the Village by or on behalf of the applicant prior to issuance of any permits, certificates or other documents required for the implementation of the site plan approval or conditions imposed upon the site plan approval and issuance of a special use permit.
F. 
In the alternative, the Planning Board may determine, in its sole reasonable discretion, that the applicant be required to establish an escrow fund with the Village of Penn Yan. That determination and the amount of the escrow fund shall be based upon the perceived complexity of the site plan review and special use permit application, the type and number of consultants/experts that may be required and the estimated cost for such consultation(s). The refusal of an applicant to establish an escrow fund as directed by the Planning Board shall result in disapproval of the site plan application and/or special use permit application.
G. 
Consultant/experts costs shall be paid from the applicant's escrow fund. Upon completion of the site plan review and special use permit application process, the rendering of a decision thereon and payment of all consultant/expert costs, any balance remaining in the applicant's escrow fund shall be refunded to the applicant. Escrow funds shall be deposited with a banking institution under the name of the Village of Penn Yan. Such escrow funds shall be managed pursuant to standard municipal finance guidelines.
A. 
All new land use activities within the Village, whether by zoning district classification, variance granted by the ZBA or otherwise, shall require site plan review and approval before being undertaken, except the following uses:
(1) 
Construction of one-family dwellings and ordinary accessory structures and related land use activities.
(2) 
Landscaping or grading which is not intended to be used in connection with a land use reviewable under the provisions of this chapter.
(3) 
Ordinary repair or maintenance of interior alterations to existing structures or uses.
(4) 
Exterior alterations or additions to existing structures which would not increase the square footage of the floor space of the structure by more than 5% or 500 square feet, whichever is less.
(5) 
Nonstructural agricultural, landscaping or gardening uses not involving substantial changes to topography.
(6) 
Garage, lawn and porch sales, flea markets, outdoor barbequed meat concessions, not exceeding five days per calendar year.
B. 
Any person uncertain of the applicability of this chapter to a given land use activity may apply, in writing, to the Code Enforcement Officer for a written jurisdictional determination.
This article does not apply to uses and structures which are lawfully in existence as of the date of effectiveness. Any use which would otherwise be subject to this chapter that has been discontinued for a period of two years or more shall be subject to review pursuant to the terms hereof before such use is resumed. Any use or structure shall be considered to be in existence, provided that the same has been substantially commenced as of the date of this chapter and fully constructed and completed within one year subsequent to that date.
The provisions hereof shall in no way affect the requirements of any other federal, state or local law or regulation. Where this chapter is in conflict with any other such law or regulation, the more restrictive shall apply.
[Amended 5-19-2020 by L.L. No. 5-2020; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Approval required; recommended procedures. Prior to undertaking any new land use activity, except uses specifically exempted of this chapter, a site plan approval by the Planning Board is required. Applicants for site plan approval shall follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of the chapter.
B. 
Applicability of Village Law § 7-725-a, Site plan review. All site plan reviews shall comply with the provisions of Village Law § 7-725-a, Site plan review, or any law which is a successor thereto.
C. 
Site plan conference. A site plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his proposal prior to the preparation of a detailed site plan and for the Planning Board to review the basic site design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following:
(1) 
A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation and other planned features; anticipated changes in the existing topography and natural features; and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.
(2) 
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way, easements and other pertinent features.
(3) 
A topographic or contour map of adequate scale and detail to show site topography.
D. 
Application requirements. At a time determined by the Planning Board staff in advance of the Planning Board meeting at which a site plan is to be considered, the application for site plan review and the requisite number of copies of the site plan, determined by the Planning Board staff, at a scale of not less than one inch equals 20 feet for multifamily residential development and one inch equals 40 feet for all other development shall be submitted to the Village Planning Office. The site plan shall be prepared, sealed and signed by a legally qualified engineer, architect or surveyor and shall contain the following information:
(1) 
The title of the drawing, including the name and address of the applicant and of the person responsible for preparation of such drawing.
(2) 
The North arrow, scale and date.
(3) 
The boundaries of the property.
(4) 
Locations, dimensions and descriptions of all existing structures.
(5) 
A grading and drainage plan, showing existing and proposed elevation contours, rock outcrops, soil characteristics and watercourses.
(6) 
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
(7) 
The location, design and type of construction of all parking and truck loading areas, showing ingress and egress.
(8) 
Provisions for pedestrian access.
(9) 
The location of outdoor storage, if any.
(10) 
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11) 
A description of the method of sewage disposal and the location, design and construction materials of such facilities.
(12) 
A description of the method of securing public water and the location, design and construction materials of such facilities.
(13) 
The location of fire and other emergency zones, including the location of fire hydrants.
(14) 
The location, design and construction materials of all energy distribution facilities, including electrical, gas, wind and solar energy.
(15) 
The location, size and design and type of construction of all proposed signs.
(16) 
The location and proposed development of all buffer areas, including existing vegetative cover.
(17) 
The location and design of outdoor lighting facilities.
(18) 
The identification of the location and amount of building area proposed for retail sales or similar commercial activity.
(19) 
The general landscaping plan and planting schedule.
(20) 
An estimated project construction schedule.
(21) 
A record of application for and status of all necessary permits from other governmental bodies.
(22) 
Identification of any permits from other governmental bodies required for the project's execution.
(23) 
Other elements integral to the proposed development as may be considered necessary in the particular case by the Planning Board.
E. 
Site plan filing fee. An application for site plan review shall be accompanied by a fee in an amount set by resolution duly adopted by the Board of Trustees.
F. 
Applications shall be referred to the County Planning Board for review, if required, pursuant to General Municipal Law § 239m.
G. 
Expenses incurred by Planning Board. Any expenses incurred by the Planning Board for consultation fees or other extraordinary expense in connection with the review of a proposed site plan shall be charged and paid for by the applicant.
H. 
Determination that application is complete.
(1) 
For every site plan review application the Planning Board shall make a determination on the record, based upon an affirmative vote of the majority of the Planning Board membership, whether the application is complete.
(2) 
The Planning Board shall not determine that an application is complete until it has received all of the requisite documentation and information required for the site plan review.
(3) 
In the event that the application is not complete the Planning Board shall expeditiously notify the applicant, in writing, of the documentation and/or information required in order for the application to be complete.
(4) 
For purposes of computation of time limits, a site plan application shall not have been deemed received until the Planning Board determines that such application is complete.
(5) 
In the event of disagreement between the Planning Board and the applicant as to whether the application is complete the Planning Board may proceed with the review process and make such decision with respect to the application as the Planning Board deems appropriate under the circumstances.
The Planning Board's review of the site plan shall include, but is not limited to, the following, if applicable:
A. 
The location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
B. 
The adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
C. 
The location, arrangement, appearance and sufficiency of off-street parking and loading.
D. 
The adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience and safety.
E. 
The adequacy of stormwater and drainage facilities.
F. 
The adequacy of water supply and sewage disposal facilities.
G. 
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.
H. 
The adequacy of fire lanes, other emergency zones and the provision of fire protection infrastructure.
I. 
Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
J. 
The overall impact of the project on the neighborhood, including compatibility of design considerations.
A. 
In the event that the application under review is approved by the Planning Board and it is wholly or partially in a historic preservation district or is a Village landmark, then no building permit, special permit or sign permit shall be issued with respect to any building, sign, sign structure or other structure until the application has been approved by the Historic Preservation Commission.
B. 
The Code Enforcement Officer shall forward to the Historic Preservation Commission said approved site plans signed by the Planning Board Chairman. It shall then be the responsibility of the Historic Preservation Commission to review the site plan following its procedures of compliance and, if approved, to forward the final plans to the Code Enforcement Officer to carry out duties assigned pursuant to this Code.
The Planning Board shall conduct a public hearing on the site plan. Such hearing shall be held and conducted pursuant to Village Law § 7-725-a.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Planning Board shall act on the site plan no later than 62 days subsequent to closing of the public hearing on the application and shall render a decision thereon. In its decision, the Planning Board may approve, approve with modifications or disapprove the site plan application. The decision shall be pursuant to a majority vote of the entire Planning Board at a duly held meeting thereof. The time period in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board in writing or on the record of the Planning Board proceedings.
A. 
Approval. Upon approval of the site plan application and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board Chairperson shall endorse the Planning Board approval on a copy of the site plan and shall, within five business days, file it and a written statement of approval with the Village Clerk and the Code Enforcement Officer. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
B. 
Approval with modifications. The Planning Board may conditionally approve the site plan application. A copy of the written statement containing the modifications required by the conditional approval shall be mailed to the applicant by certified mail, return receipt requested. After adequate demonstration to the Planning Board that all conditions have been met and payment by the applicant of all fees and reimbursable costs due the Village, the Planning Board Chairperson shall endorse the Planning Board approval on a copy of the site plan and shall, within five business days, file it and a written statement of approval with the Village Clerk and the Code Enforcement Officer. A copy of the written statement of approval shall be mailed to the applicant by certified mail, return receipt requested.
C. 
Disapproval. Upon disapproval of a site plan application, the written decision of the Planning Board shall, within five business days, be filed with the Village Clerk and the Code Enforcement Officer and a copy thereof mailed to the applicant by certified mail, return receipt requested. The written decision shall set forth in full the reasons for disapproval.
D. 
No timely action. Absence of a decision within the time frame herein specified shall constitute approval thereof. The Code Enforcement Officer shall proceed on that basis.
Any person aggrieved by a decision of the Planning Board or any officer, department, board or bureau of the Village may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision in the office of the Village Clerk.
The Code Enforcement Officer shall carry out the duties assigned by local law or by any additional regulations adopted pursuant to this chapter. The Code Enforcement Officer shall be responsible for the overall inspection of site improvements, including coordination with the Planning Board, the Historic Preservation Commission and other officers and agencies as prescribed and necessary.
Whenever the circumstances of proposed development require compliance with this article or with any local law, ordinance or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required herein with the procedural and submission requirements for such other compliance.
No certificate of occupancy shall be issued until all improvements shown on the site plan are completed or a sufficient performance guaranty in the form of a bond or cash escrow has been posted for improvements not yet completed. The sufficiency of such performance guaranty shall be determined by the Planning Board after consulting with the Code Enforcement Officer, Village Attorney and any other appropriate party or entity.
A site plan approval shall expire one year from the date of such approval unless actual physical construction has commenced on the work which was subject to the site plan approval. No work may commence on any portion of the project subsequent to expiration of the site plan approval without a new site plan approval based upon a further application for same. Such further application shall be subject to all the code provisions and site plan requirements in effect at the time of the further application. Such further application for site plan approval shall also be subject to payment of applicable fee(s) pertaining thereto, without any credit being granted for any prior fee(s) or costs paid by applicant.